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Court splits over motion for discharge ruling

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An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.

In Corey Fletcher v. State of Indiana, No. 79A02-1009-CR-1096, Corey Fletcher was charged Oct. 28, 2009, with various drug offenses. A public defender was appointed for him Feb. 19, 2010, and he was scheduled to go to trial May 11, 2010. Two weeks later, the appointed public defender was removed and the court appointed a new public defender. That same day, Fletcher filed a pro se motion for a fast and speedy trial. Fletcher’s new public defender didn’t file an appearance form until March 5, 2010, three days after Fletcher filed the pro se motion.

At a telephone status conference in April, Fletcher’s attorney objected to resetting the trial date past May 11. On May 12, the attorney filed a motion for discharge under Ind. Criminal Rule 4(B), which was denied. Fletcher was later convicted of two of the charges.

The issue is whether the trial court improperly denied Fletcher’s motion to discharge. The majority, after analyzing Jackson v. State, 663 N.E.2d 766, 769 (Ind. 1996), Underwood v. State, 722 N.E.2d 828, 832 (Ind. 2000), and Jenkins v. State, 809 N.E.2d 361 (Ind. Ct. App. 2004), ruled the trial court did err. The majority disagreed with the holding in Jenkins to the extent that it implies that the appointment of counsel and not the appearance of counsel is the relevant time period for determining whether a defendant may file a pro se motion for a speedy trial.

The state had argued that, as was ruled in Underwood, “once counsel was appointed, Defendant spoke to the court through counsel.” Judge Ezra Friedlander agreed with the state’s position, writing in his dissent that Fletcher didn’t clearly object to the appointment of counsel, nor did he unequivocally express that he wanted to proceed with a hybrid representation, so it leads to the conclusion Fletcher acquiesced in representation by appointed counsel.

Because counsel had been appointed before Fletcher filed his early trial motion, the court wasn’t required to accept the motion for filing or grant it, he wrote.

The majority reversed the denial of Fletcher’s motion for discharge.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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